Utah Code 63A-3-302. Unpaid accounts receivable — Political subdivision agreement with local agency
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(1)
Terms Used In Utah Code 63A-3-302
- Adjudicative proceeding: means :(2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and(2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
- Agency: means a board, commission, institution, department, division, officer, council, office, committee, bureau, or other administrative unit of the state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, the Legislature, the courts, or the governor, but does not mean a political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63A-1-103
- Debtor: means a party that owes, or is alleged to owe, an account receivable. See Utah Code 63A-3-301
- Division: means the Division of Finance, created in Section
63A-3-101 . See Utah Code 63A-3-301- Local agency: means a nonprofit entity organized by participating political subdivisions to act on behalf of the participating political subdivisions with respect to the office's efforts to collect accounts receivable of participating political subdivisions through administrative offsets. See Utah Code 63A-3-301
- Participating political subdivision: means a political subdivision that has entered into an agreement with a local agency authorizing the local agency to act on behalf of the political subdivision with respect to the office's efforts to collect accounts receivable of the political subdivision through administrative offsets. See Utah Code 63A-3-301
- Political subdivision: means the same as that term is defined in Section
63G-7-102 . See Utah Code 63A-3-301- Property: includes both real and personal property. See Utah Code 68-3-12.5
- receivable: means any amount due the state or any other governmental entity within the state as a result of a judgment, citation, tax, or administrative order, or for which materials or services have been provided but for which payment has not been received by the servicing unit. See Utah Code 63A-3-301
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) Except as provided in Subsections (1)(b) and (c), if any account receivable at any point has been unpaid for 90 days or more, any agency or other authority of the state, or any political subdivision responsible for collection of the account may proceed under this part to collect the delinquent amount.(1)(b) A governmental entity within the state that is a health care provider may not proceed under this part when the account receivable is for a medical material or service and the debtor:(1)(b)(i) has made a payment arrangement with the health care provider; and(1)(b)(ii) is current on payments under the payment arrangement.(1)(c) The state, a governmental entity within the state, or a local agency acting on behalf of a political subdivision within the state may proceed under this part on an account receivable that is for a property tax imposed under Title 59, Chapter 2, Property Tax Act, only if the account receivable is three or more years delinquent.
(2)
(2)(a) A political subdivision may enter into an agreement with a local agency under which the local agency, for a reasonable fee that the political subdivision and local agency agree upon, prepares and submits the political subdivision’s accounts receivable for collection as provided in this part.
(2)(b) Notwithstanding an agreement under Subsection (2)(a), a participating political subdivision shall:
(2)(b)(i) establish an agreement with the division for submitting delinquent accounts receivable under this part; and
(2)(b)(ii) with respect to the accounts receivable that the participating political subdivision submits through a local agency for collection under this part:
(2)(b)(ii)(A) receive and respond to an administrative hearing requested under Section 63A-3-305; and
(2)(b)(ii)(B) administer an adjudicative proceeding required under Section 63A-3-306.